IOM Supports Promoting Women’s and Girls’ Rights Through Customary Justice Channels

Pibor, South Sudan – Customary law is the primary source of justice across the diverse communities of South Sudan. Even before independence in 2011, 90% of all disputes country-wide were resolved before customary courts. This trend continues today.

Due to its reliance on oral tradition, customary law has remained non-codified and thus inconsistently applied in practice. Common inconsistencies include gaps in upholding women’s and girls’ rights outlined in the Transitional Constitution and its equality-affirming Bill of Rights. In other words, customary law is often used to uphold archaic patriarchal social structures that limit women’s rights from land and property ownership to decision-making.

The women and girls in Greater Pibor Administrative Area (GPAA) face these challenges among the increasingly dire effects of climate change. In GPAA, rainy seasons have become characterized by less frequent, more intense rains. Dry seasons are becoming seasonal droughts. In Pibor Town, marketgoers were using canoes to cross streets submerged by historic rains during the customary law review workshop. There, community representatives discussed experiences on how climate disasters are contributing to increasing early marriages and competition over diminishing resources.

GPAA was thus identified as a priority location regarding the UN SG’s Peacebuilding Fund-funded climate security project, which, among others, aims at strengthening local dispute resolution and inclusive community cohesion. IOM South Sudan, together with the UN Mission in South Sudan Rule of Law Section (UNMISS RoLAS), has worked with the communities in GPAA to support their ascertainment and review of their customary laws over the course of eight months; this has included technical support for the first documentation of the laws as well as for identifying inconsistencies with the national constitution and other South Sudanese laws. IOM’s flagship customary law review programme includes ascertainment, review, validation, and documentation, resulting in a compiled customary law code that will be handed over to state legislature.

In February 2024, a diverse selection of representatives, nominated from the various Murle communities in GPAA, thus congregated in the Women’s Empowerment Center in Pibor Town to undertake the monumental work of validating customary laws. Among them were chiefs, elders, women and youth interest group representatives, as well as local rule of law and governance actors. 

The mood in the hall was solemn as the Chief Administrator held the document containing Murle communities’ validated customary laws in his hands. “I hope all the interest of the Murle is well covered in this paper”, Lokoli Amee, Chief Administrator of GPAA, began. “I’m very happy to see the rights of women and children covered; they are very vulnerable in this community.” 

Violence against women and girls is indeed not uncommon in Pibor, with abductions and early marriages being among the prevalent challenges restricting their enjoyment of their rights. Thus, a remarkable recommendation in the document addressed the age of consent to marry.  Although contrary to national law and devastating for the people involved, child marriage has become a common feature of desperation in communities. 

“We didn’t know that booking child brides was illegal”, a Murle chief during the customary law review workshop held in November 2023. By the end of the workshop, the Pibor Women’s Empowerment Center witnessed history in the making as the community representatives unanimously agreed to codify the criminalization of child marriage into Murle customary law. “No girl under the age of 18 shall be allowed to marry”, the Paramount Chief of Pibor County stated during workshop deliberations.

With the rigorous work of ascertaining and reviewing customary laws over, the challenge of upholding the rights enshrined therein begins. “Your communities will read this document and hold you accountable as their representatives”, the Chief Administrator continued in his closing remarks.

The Local Government Act (2009) attributes responsibility of overseeing the administration of customary law, including the realization of freedoms and rights enshrined in the Constitution, to customary law councils. However, across the country, only in rare instances have these councils been established.

To that effect, community representatives nominated a distinguished pool of candidates to stand for election for council membership. Accompanied by animated chatter, votes were cast by lining up behind a preferred nominee. Ululations and applause rang out as the election results were confirmed and the Murle Customary Law Council established. Of particular importance was the nomination of women’s representatives to the council – as per national law.
 

Without sustainable peace, development efforts are built on shaky foundations. Yet, “without justice, how can there be peace?” Justice Mijak Deng Biong, IOM’s Customary Law Expert, reflected.

Customary law is often viewed within the context of its generational, timeless nature. However, this should not obscure its capacity for immediate effects. The Administrative Area’s Minister of Gender, Child, and Social Welfare, Hon. Elizabeth Kumen Teny, reached out to IOM with good news already in the days following the workshop – the Murle communities’ stance against abductions was already bearing fruit. By the time you’re reading this, girls abducted from Central Equatoria will have been returned home. Their liberation is a direct consequence of Murle community representatives coming together to review their customary laws and agree on which values their community wishes to uphold. They can be proud to know their stances will act as a reference point for the generations to come.

Since 2021, IOM has worked directly with communities across South Sudan on the review and codification of their customary laws. The review process offers a significant contribution towards peace, justice, and strong institutions through enabling women and youth to access, contribute to, and own processes. The programme also offers a platform whereby women have gained historic access to representation in local courts, as well as joined their communities in identifying harmful practices that are contrary to the Transitional Constitution of South Sudan. 

In Jonglei State and GPAA, these endeavors are supported by the UN Secretary-General’s Peacebuilding Fund (PBF) project “Local Solutions to Build Climate Resilience and Advance Peace and Stability in Bor, Pibor and Malakal”. 

The PBF is the organization's financial instrument of first resort to sustain peace in countries or situations at risk or affected by violent conflict. The Fund may invest with UN entities, governments, regional organizations, multilateral banks, national multi-donor trust funds or civil society organizations.

The Fund works across pillars and supports integrated UN responses to fill critical gaps; respond quickly and with flexibility to peacebuilding opportunities; and catalyze processes and resources in a risk-tolerant fashion.